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<h1 class="head">
GrinnellPlans Terms of Service
</h1>
<p class="head">
Version 3.2
</p>
<p class="head">
Last Modified: January 20, 2015
</p>
<h2>
Acceptance of the Terms of Use
</h2>
<p>
Welcome to the Website of GrinnellPlans (&ldquo;<b>GP</b>&rdquo;, &ldquo;<b>GrinnellPlans</b>&rdquo;, &ldquo;<b>we</b>&rdquo; or &ldquo;<b>us</b>&rdquo;). The following terms and conditions (these &ldquo;<b>Terms of Use</b>&rdquo;), govern your (&ldquo;<b>User</b>&rdquo;) access to and use of http://www.grinnellplans.com, including any content, functionality and services offered on or through http://www.grinnellplans.com (the &ldquo;Service&rdquo;).
</p>
<p>
This site is not owned by, operated by, or officially affiliated with Grinnell College, Grinnell, IA.
</p>
<p>
This site is monitored and kept operational by a team of volunteer site moderators (the &ldquo;<b>Administrators</b>&rdquo;).
</p>
<p>
Please read the Terms of Use carefully before you start to use the Service. <b> By using the Service, you accept and agree to be bound and abide by these Terms of Use. </b> This Service is a web publishing service offered and available to Users who have registered (&ldquo;<b>Registered Users</b>&rdquo;) and guests (&ldquo;<b>Guest Users</b>&rdquo;).
</p>
<p>
In order to become a Registered User, you must:
<ol>
<li>Have or had an @grinnell.edu email address; and</li>
<li>Be at least sixteen (16) years of age.</li>
</ol>
</p>
<p>
Viewing, posting, and editing functions, among others, are available to Registered Users. By using this Service as a Registered User, you represent and warrant that you meet all of the foregoing eligibility requirements for Registered Users. If you do not meet all of these requirements, you may not access or use the Service as a Registered User.
</p>
<p>
Viewing of public Plans is available to Guest Users. Guest Users must be at least sixteen (16) years of age to use the Service. By using this Service as a Guest User, you represent and warrant that you meet the foregoing eligibility requirement for Guest Users. If you do not meet the requirement, you may not access or use the Service as a Guest User.
</p>
<p>
You are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. <b> We encourage Users to operate under the principles of self-governance when interacting with other Users. </b>
</p>
<h2>
Accessing the Service and Account Security
</h2>
<p>
You are responsible for making all arrangements necessary for you to have access to the Service.
</p>
<h3>
Creating an Account:
</h3>
<p>
To access the Service or some of the resources it offers, you must register on the website. If you no longer have access to your grinnell.edu email address, you must email grinnellplans@gmail.com to set up your account. It is a condition of your use of the Service that all the information you provide when registering on the Service is accurate and complete.
</p>
<p>
In addition to personal accounts, Users may request that the Administrators create publicly editable accounts for a specified purpose. These public accounts are generally meant to create a community space for particular topics or groups to share information and conversation.
</p>
<p>
The Administrators may refuse to provide you with an account for any reason or no reason. If the Administrators do provide you with an account, you will receive a user name and password.
</p>
<h3>
Personal Account Security:
</h3>
<p>
You are responsible for safeguarding the password associated with your personal account. We encourage you to change your temporary password that the Administrators provide to you to a different, secret password. We encourage you to use a &ldquo;strong&rdquo; password that use a combination of upper and lower case letters, symbols, and numbers. You also acknowledge that your account is personal to you and agree to take responsibility for Content posted to your plan by people to whom you have given access to your account. We encourage you not to provide any other person with access to this Service or portions of it using your user name and password. You agree to notify us immediately of any potentially malicious unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
</p>
<h3>
Public Account Security:
</h3>
<p>
Where a user name and password has been created for a publicly editable Plan, that user name may only be used in connection with the intended purpose of the public account.
</p>
<h3>
Privacy Settings
</h3>
<p>
GP may offer the ability to control which other users of the Service have access to the Content you post on the Service. It is your responsibility to configure these settings. We do not guarantee the effectiveness of any controls offered. It is also your responsibility to select whether your Plan can be read by Guest Users.
</p>
<p class="c6 c10">
</p>
<h2>
Intellectual Property Rights
</h2>
<h3>
GP rights:
</h3>
<p>
You acknowledge that GP owns all right, title and interest in and to the Service, including all intellectual property rights. The Service and its entire contents are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. GrinnellPlans&#39; rights do NOT include third-party content used as part of the Service, including the content appearing on the Service.
</p>
<h3>
User Rights:
</h3>
<p>
GrinnellPlans claims no ownership or control over any materials submitted, posted or displayed by you on or through GrinnellPlans services (&ldquo;User Contributions&rdquo;). You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Contributions on GrinnellPlans and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Contributions on or through GrinnellPlans services, which are intended to be available to the members of the public, you grant GrinnellPlans a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such User Contributions on GrinnellPlans&#39; services for the purpose of displaying and distributing GrinnellPlans services. You represent and warrant that you have all the rights, power and authority necessary to convey these rights.
</p>
<p>
GP reserves the right to refuse to accept, post, display or transmit any User Contributions in its sole discretion.
</p>
<p>
You may choose to submit, post, and display any materials on or through GrinnellPlans under a public license (e.g. a Creative Commons license). GrinnellPlans is not a party to any such public license between you and any third party. GrinnellPlans may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
</p>
<h3>
Copyright Infringement:
</h3>
<p>
If you believe that any User Contributions violate your copyright, please see our Copyright Policy marked as Appendix B below for instructions on sending us a notice of copyright infringement. It is the policy of GrinnellPlans to terminate the user accounts of repeat infringers.
</p>
<h2>
Prohibited Uses
</h2>
<p>
You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:
</p>
<ul>
<li>In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).</li>
<li>For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.</li>
<li>To transmit, or procure the sending of, any advertising or promotional material, including any &quot;junk mail&quot;, &quot;chain letter&quot;, or &quot;spam&quot; or any other similar solicitation.</li>
<li>To collect and post other Users&rsquo; contact information, including but not limited to addresses, phone numbers, email addresses, or other modes of contact, on third-party websites.</li>
<li>To maliciously impersonate or attempt to impersonate GrinnellPlans, a GrinnellPlans Administrator, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).</li>
<li>To engage in any other conduct which, as determined by us, may harm GP or Users of the Service, or may expose GP or Users to liability.</li>
<li>Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party&#39;s use of the Service, including their ability to engage in real time activities through the Service.</li>
<li>Except with regard to your personal plan, use any robot, spider or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, without express prior written consent of the GrinnellPlans Administrators.</li>
<li>Maliciously use any manual process to monitor or copy any of the material on the Service for unauthorized purposes.</li>
<li>Otherwise attempt to interfere with the proper working of the Service.</li>
</ul>
<h2>
Monitoring and Enforcement
</h2>
<h3>
Termination
</h3>
<p>
We have the right to:
</p>
<ul>
<li>Terminate or suspend Users for any reason in our sole discretion.</li>
<li>Terminate or suspend Users who intentionally and maliciously circumvent any security or authentication measures or any features intended to block or limit contact between Users.</li>
<li>Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Service or the public or could create liability for GrinnellPlans.</li>
<li>Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.</li>
<li>Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal use of the Service.</li>
<li>Terminate or suspend your access to all or part of the Service for any reason, including without limitation, any violation of these Terms of Use.</li>
</ul>
<h3>
Investigation
</h3>
<p>
GrinnellPlans reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred. Where GrinnellPlans chooses to conduct an investigation, it will use the investigation procedure described in Appendix A, or another procedure appropriate for the circumstances, in its own discretion.
</p>
<p>
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS GRINNELLPLANS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GRINNELLPLANS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GRINNELLPLANS OR LAW ENFORCEMENT AUTHORITIES.
</p>
<h2>
Content Standards
</h2>
<p>
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
</p>
<ul>
<li>Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;</li>
<li>Contain any material which promotes violence or discrimination based on race, sex, gender, religion, nationality, disability, occupation, sexual orientation or age;</li>
<li>Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;</li>
<li>Violate the legal rights (including the rights of publicity and privacy) of others;</li>
<li>Contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;</li>
<li>Materially misrepresent that they emanate from or are endorsed by us or any other person or entity, if this is not the case.</li>
</ul>
<p>
User Contributions to Secrets must conform to the following standards:
</p>
<ol>
<li>Your post must be a secret.</li>
<li>The secret must be your own.</li>
<li>The secret may not reference any person or group in any identifiable way.</li>
</ol>
<h2>
Indemnification
</h2>
<p>
You understand and acknowledge that you are responsible for any User Contributions or Content you submit or contribute, and you, not GrinnellPlans, have full responsibility for such content.
</p>
<p>
To the maximum extent allowable by law, we are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service. Consequently, GrinnellPlans.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using the Service.
</p>
<p>
With regard to individual Plans, we cannot review material before it is posted on the Service, and cannot ensure removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
</p>
<p>
With regard to the Secrets section, we review material before it is posted on the Service, and make reasonable efforts to ensure prompt removal of objectionable material if it has been posted. However, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
</p>
<p>
If anyone brings a claim against us related to your actions, content or information on GrinnellPlans, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
</p>
<h2>
Disclaimer
</h2>
<p>
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. To the maximum extent allowable by law, GP disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. GP also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
</p>
<h2>
Governing Law and Jurisdiction
</h2>
<p>
All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
</p>
<p>
All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in the federal or state courts located in Cook County, Illinois, United States, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
</p>
<h2>
Changes to the Terms of Use
</h2>
<p>
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Notice of changes posted on the homepage is to be considered sufficient notice to you.
</p>
<h2>
Waiver and Severability
</h2>
<p>
No waiver by GrinnellPlans of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Failure of GrinnellPlans to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
</p>
<p>
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
</p>
<h2>
Entire Agreement
</h2>
<p>
The Terms of Use and referenced appendices constitute the sole and entire agreement between you and GrinnellPlans with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
</p>
<h2>
Your Comments and Concerns
</h2>
<p>
All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: grinnellplans@gmail.com.
</p>
<p>
Thank you for visiting GrinnellPlans. Please govern yourself accordingly.
</p>
<hr />
<h2 class="nocount">
Appendix A: Investigation Procedure
</h2>
<p>
The Investigation Procedure described below is a protocol for the investigation of concerns voiced by Users. The Grinnell Plans Administrators have identified these steps as a general roadmap for investigations in order to maximize fair and informed decision-making. But Admin are not bound to use the procedure. An investigation may deviate from it or disregard it in any investigation when circumstances, in Administrators&#39; discretion, warrant. Termination (or other administrative action) based on a violation of the Terms of Service may be effected without an investigation, or with an investigation conducted in some other fashion.
</p>
<ol>
<li>Complaints are emailed to grinnellplans@gmail.com</li>
<li>Plans Administrators open an investigation period, and allow individuals to confidentially voice their grievances in case incident is not isolated to an individual or group.</li>
<li>Complainants and respondents are contacted and asked to share their side of the story. Our emails and the subsequent responses are archived.</li>
<li>At the close of the comment period, a quorum (80%) of Grinnell Administrators discuss grievances, evidence provided, and if needed, contacts a legal representative to advise.</li>
<li>Administrators discuss short term, medium term, and long term solutions.</li>
<li>At the end of meetings, an email containing the minutes of that meeting are disseminated to the Administrators. Those minutes are confidential, and are not shared with either the complainant or respondent.</li>
<li>The same quorum (80%) of Administrators makes a collective decision based off of information that is available that best fits the needs of the community and maintains a safe environment.</li>
</ol>
<hr />
<h2 class="nocount">
Appendix B: Digital Millennium Copyright Act.
</h2>
<p>
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to GrinnellPlans as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
</p>
<p>
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.
</p>
<h3>
Infringement Notification:
</h3>
<p>
To file a notice of infringement with us, you must provide a written communication by email to grinnellplans@gmail.com that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys&#39; fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. If you are uncertain whether material available online infringes your copyright, consult your attorney.
</p>
<p>
To expedite our ability to process your request, please use the following format (including section numbers):
</p>
<ol>
<li>Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This post must include identification of the specific posts, as opposed to entire sites. Posts must be referenced by the permalink of the post. For example, &ldquo;The copyrighted work at issue is the text that appears on http://johndoe.com/test/2006_01_01.html#2106.</li>
<li>Identify the material that you claim is infringing the copyrighted work listed in item #1 above.<br />
YOU MUST IDENTIFY EACH POST BY PERMALINK OR DATE THAT ALLEGEDLY CONTAINS THE INFRINGING MATERIAL. The permalink for a post is usually found by clicking on the timestamp of the post. For example, &ldquo;The blog where my copyrighted work is published on is http://copyright.grinnellplans.com/archives/2006_01_02_example.html.&rdquo;</li>
<li>Provide information reasonably sufficient to permit GrinnellPlans to contact you (email address is preferred).</li>
<li>Include the following statement: &quot;I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.&quot;.</li>
<li>Include the following statement: &quot;I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.&quot;</li>
<li>Sign the document. Electronic signatures are sufficient.</li>
</ol>
<h3>
Counter Notification
</h3>
<p>
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
</p>
<p>
To file a counter notification with us, you must provide an email to grinnellplans@gmail.com that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys&#39; fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, consult your attorney.
</p>
<p>
To expedite our ability to process your counter notification, please use the following format (including section numbers):
</p>
<ol>
<li>Identify the specific URLs or other unique identifying information of material that GrinnellPlans has removed or to which GrinnellPlans has disabled access.</li>
<li>Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.</li>
<li>Include the following statement: &quot;I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.&quot;</li>
<li>Sign the paper. Electronic signatures are sufficient.</li>
</ol>
<p>
GrinnellPlans will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact GrinnellPlans&#39;s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
</p>
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